The State has applied to increase the 2½-year jail sentence handed down to a taekwondo fighter — who once represented Ireland — for striking another man with a punch in a pub toilet, causing life-threatening injuries.
Jason Owens (34) of Oak Grove, Royal Oak, Santry, Dublin 9, pleaded guilty last June at Dublin Circuit Criminal Court to assaulting Conor Kelly, causing him serious harm, at the Cock & Bull pub in Coolock on New Year’s Day 2020.
Judge Martin Nolan sentenced Owens to 3½ years with the final 12 months suspended on strict conditions.
The sentencing court heard that the injured man was on a night out with friends when he encountered Owens in the pub toilets. The men had never met before. A witness told gardaí they engaged in friendly conversation while washing their hands. While the men continued to chat, Mr Kelly leaned over to whisper something to Owens, who pushed and hit him once with his elbow. Mr Kelly fell to the ground and was then kicked once in the head by Owens before he left.
Stealth sackings: why do employers fire staff for minor misdemeanours?
Michael Harding: I went to the cinema to see Small Things Like These. By the time I emerged I had concluded the film was crap
Look inside: 1950s bungalow transformed into modern five-bed home in Greystones for €1.15m
‘I’m in my early 30s and recently married - but I cannot imagine spending the rest of my life with her’
At the Court of Appeal, Maddie Grant, for the State, said the sentencing judge had identified a pre-mitigation headline sentence of seven years before sentencing Owens to 2½ years in prison.
Ms Grant said that while it was submitted the headline sentence of seven years was “too low”, the core of the State’s submissions was that the deduction for mitigating factors made it “unduly lenient”.
Ms Grant submitted that Owens’ guilty plea had been “a very late one” entered on the morning of the trial, which had been fixed for June 20th, 2023. The lateness of the plea meant the injured man and his family had court proceedings “hanging over them for 3½ years”, said counsel. She said the State had accepted that a guilty plea was present in the case and that Owens had no previous convictions but was still submitting that the “global reduction of over 50 per cent was simply unduly lenient in all circumstances”.
Ms Justice Isobel Kennedy noted that there had been a letter of apology written by Owens to the injured party, Conor Kelly, a psychological report giving reasons for the delay in the plea and work references and testimonials in favour of the appellant, who had also written a letter to the sentencing judge.
Court of Appeal president Mr Justice George Birmingham said there had been “significant mitigation” available to Owens even though the assault caused “appalling harm” to Mr Kelly.
Mr Justice Birmingham said the assault had not been premeditated, did not involve others and did not involve a weapon. However, he noted that Owens had also “very unpleasantly” kicked an unconscious Mr Kelly after the injured party hit the ground.
“I still submit it should have fallen within the higher band and over 50 per cent in the reduction is simply in excess, when the injuries were very serious,” said Ms Grant.
Senior counsel James McGowan, for Owens, submitted that the headline sentence had been correctly fixed by the trial judge.
“Fortunately, the injuries were not as serious as they might have been in this case,” said Mr McGowan.
Ms Justice Úna Ní Raifeartaigh said Mr Kelly suffered “a very serious head injury, sustained damage to the skull” and that the attack had a “profound effect on him and his family”.
“This isn’t just someone who was jostled,” said Mr Justice Birmingham, “it’s a martial arts expert who engaged in a martial arts manoeuvre”.
Mr McGowan said the placing of the offence in the mid-range “might be seen as lenient but it’s not unduly lenient”.
“There was very good mitigation,” said Mr McGowan, who said his client had apologised to the injured party, was active in helping his family, that the attack had been out of character and that a psychological issue had held up the entering of the guilty plea.
Mr McGowan said that €10,000 had been paid over by Owens to Mr Kelly. The money was subsequently donated to Acquired Brain Injury Ireland by Mr Kelly.
Det Garda Keith Cassidy played CCTV of the incident to the three-judge court. In the footage, Owens can be seen in the bathroom of the pub with the injured party and an attendant.
Owens talked to the injured party for several minutes and the two hugged before Owens later in the conversation elbowed the injured party and then kicked him while on the ground before leaving the bathroom.
Mr Justice Birmingham said the court would reserve its judgment in the “very serious” matter and adjourned the application to April 9th, for decision.
- Listen to our Inside Politics Podcast for the latest analysis and chat
- Sign up for push alerts and have the best news, analysis and comment delivered directly to your phone
- Find The Irish Times on WhatsApp and stay up to date